KRISHNA SHENOY Vs. S. REMESHCHANDRA SHENOY

JUDGEMENT

(1.) The petitioner, who is the first defendant in Ext.P1 OS No.565/2010 on the file of Munsiff's Court, Cherthala, is before this Court under Article 227 of the Constitution of India impugning Ext.P7 order of the trial court in Ext.P3 IA No.4065/2010 in the aforesaid suit.

(2.) The application was one seeking permission to file the suit under Order-I Rule-8 of the Code of Civil Procedure, in representative capacity because the property described as item No.1 in the plaint referred to as Naduvila Puthenkadu Padasekharam having a total extent of 60 acres cultivated with paddy belong to numerous persons. The plaintiff himself together with his brother is cultivating about 9.75 acres of land comprised in the Padasekharam. The first defendant and his brother too have similar extent of property under cultivation within the said Padasekharam.

(3.) According to the plaintiff, there are numerous persons, who, apart from the plaintiff and the first defendant, are owning land in the said Padasekharam, with similar interests. The plaintiff is not able to identify each of them. The suit is one for declaring that the plaint schedule item No.2 which has structures facilitating cultivation in the Padasekharam, are intended for the use of all the cultivators, and that the first defendant be restrained by means of a perpetual prohibitory injunction from operating the same without their concurrence and consent, or against the interest of the other cultivators in the Padasekharam. Since, other cultivators also have similar interests in the subject matter, the plaintiff seeks permission to file the suit in representative capacity under Order I Rule 8 of the C.P.C.